U.S. patent application number 11/031612 was filed with the patent office on 2005-08-25 for online seal and dispute resolution process.
Invention is credited to Goldman, Charles Allen, Reisch, Gary Leonard, Reisch, Stanley Lawrence.
Application Number | 20050187884 11/031612 |
Document ID | / |
Family ID | 34863771 |
Filed Date | 2005-08-25 |
United States Patent
Application |
20050187884 |
Kind Code |
A1 |
Reisch, Stanley Lawrence ;
et al. |
August 25, 2005 |
Online seal and dispute resolution process
Abstract
The process begins when the merchant applies for a seal
(Trustmark). The merchant fills out an application and if approved
is granted a seal. The merchant is provided with coding to display
the seal on their website. The consumer (or other entity) can file
a complaint by either using the seal on the merchants website or
through the complaint filing process on our website. Once the
complaint is filed, there are two rounds of negotiation, using a
combination of e-mail and our website resources, between the
consumer and merchant to try and resolve the problem or dispute. If
there is no resolution, a mediator is brought in to help the
parties come to a settlement. There are two rounds of mediation and
if the problem or dispute is still unresolved, the mediator will
review the case and make an arbitrated decision in favor of either
the consumer or merchant.
Inventors: |
Reisch, Stanley Lawrence;
(Westlake Village, CA) ; Goldman, Charles Allen;
(Sherman Oaks, CA) ; Reisch, Gary Leonard;
(Sherman Oaks, CA) |
Correspondence
Address: |
Stanley Reisch
181 Little John Court
Westlake Village
CA
91361
US
|
Family ID: |
34863771 |
Appl. No.: |
11/031612 |
Filed: |
January 7, 2005 |
Related U.S. Patent Documents
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Application
Number |
Filing Date |
Patent Number |
|
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60536587 |
Jan 14, 2004 |
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Current U.S.
Class: |
705/80 |
Current CPC
Class: |
G06Q 20/389 20130101;
G06Q 30/02 20130101; G06Q 50/188 20130101 |
Class at
Publication: |
705/080 |
International
Class: |
G06F 017/60 |
Claims
Which is claimed is:
1. A method for resolving disputes between a merchant and a second
party, the steps comprising: a) filing a complaint against a
merchant online by a second party; b) responding to said complaint
by said merchant online; c) responding to said merchant response by
said second party online; d) assigning a case related to said
complaint to a mediator online; and e) performing final arbitration
by said mediator online.
2. The method for resolving disputes in accordance with claim 1,
wherein said second party comprises a consumer.
3. The method for resolving disputes in accordance with claim 1,
wherein said second party comprises a government agency.
4. The method for resolving disputes in accordance with claim 1,
the steps further comprising: f) creating a seal online by the
merchant for display on a website of said merchant.
5. The method for resolving disputes in accordance with claim 4,
wherein said filing a complaint step (a) comprises clicking on said
seal on said website of said merchant.
6. The method for resolving disputes in accordance with claim 1,
wherein said responding to said complaint step (b) comprises
receiving at least one automated reminder if said merchant fails to
respond to said complaint within a first predetermined time
interval after the receipt thereof.
7. The method for resolving disputes in accordance with claim 6,
wherein, if said merchant fails to respond online within a second
predetermined time interval of said at least one automated reminder
said case defaults to said second party.
8. The method for resolving disputes in accordance with claim 1,
wherein said responding to said complaint step (c) comprises
receiving at least one automated reminder if said second party
fails to respond to said complaint within a first predetermined
time interval after the receipt thereof.
9. The method for resolving disputes in accordance with claim 8,
wherein, if said second party fails to respond online within a
second predetermined time interval of said at least one automated
reminder said case defaults to said merchant.
10. The method for resolving disputes in accordance with claim 1,
the steps further comprising: g) resolving said case at any time
wherein either party thereto tenders an acceptable settlement
offer.
11. The method for resolving disputes in accordance with claim 1,
wherein said responding steps (b) and (c) are repeated until one of
the group of events occurs: one party fails to respond within a
period set therefore, and a settlement offer is accepted.
12. A method for resolving disputes between a merchant and a second
party, the steps comprising: a) filing a complaint against a
merchant online by a second party; b) responding to said complaint
by said merchant online; c) responding to said merchant response by
said second party online.
13. The method for resolving disputes in accordance with claim 12,
the steps further comprising: f) creating a seal online by the
merchant for display on a website of said merchant.
14. The method for resolving disputes in accordance with claim 12,
wherein said responding to said complaint step (b) comprises
receiving at least one automated reminder if said merchant fails to
respond to said complaint within a first predetermined time
interval after the receipt thereof.
15. The method for resolving disputes in accordance with claim 14,
wherein, if said merchant fails to respond online within a second
predetermined time interval of said at least one automated reminder
said case defaults to said second party.
16. The method for resolving disputes in accordance with claim 12,
wherein said responding to said complaint step (c) comprises
receiving at least one automated reminder if said second party
fails to respond to said complaint within a first predetermined
time interval after the receipt thereof.
17. The method for resolving disputes in accordance with claim 16,
wherein, if said second party fails to respond online within a
second predetermined time interval of said at least one automated
reminder said case defaults to said merchant.
18. The method for resolving disputes in accordance with claim 12,
the steps further comprising: g) resolving said case at any time
wherein either party thereto tenders an acceptable settlement
offer.
19. The method for resolving disputes in accordance with claim 12,
wherein said responding steps (b) and (c) are repeated until one of
the group of events occurs: one party fails to respond within a
period set therefore, and a settlement offer is accepted.
20. The method of creating a merchant seal online, the steps
comprising: a) visiting a first website; b) selecting a form; c)
completing said form; d) having said form reviewed and verified for
accuracy; and e) receiving a seal for display on a second website.
Description
RELATED APPLICATIONS
[0001] The present application is a continuation application of
U.S. provisional patent application, Ser. No. 60/536,587, filed
Oct. 14, 2004, for ONLINE SEAL (TRUSTMARK) AND DISPUTE RESOLUTION
PROCESS, by Stanley Lawrence Reisch, Charles Allen Goldman, Gary
Leonard Reisch, included by reference herein and for which benefit
of the priority date is hereby claimed.
FIELD OF THE INVENTION
[0002] The present invention relates to a dispute resolution
process and, more particularly, to using automated, computer based,
processes to resolve disputes between businesses and consumers,
businesses and businesses or governments and either businesses or
consumers.
BACKGROUND OF THE INVENTION
[0003] There is rapidly growing number of problems in resolving
online disputes caused by the exponential increase in e-commerce
transactions. With the number of complaints more than doubling each
year. Every month the Federal Trade Commission and Consumer
Protection Organizations receive thousands of complaints from
disgruntled consumers who are having problems or disputes with
merchants selling goods and services online.
[0004] Conventional litigation is expensive and time consuming and
does not offer a satisfactory resolution of online disputes.
Alternative Dispute Resolution which include negotiation, mediation
and arbitration which must be carried on in person does not lend
itself to the resolution of online disputes, especially where
crossboarder disputes are involved. The shortcomings of the other
online dispute resolution process solutions are that they are not
easy to use, are not automated and do not provide the parties an
arbitrated resolution to the dispute, if negotiation and mediation
fail.
[0005] It is therefore an object of the invention to provide online
merchants and consumers a fast, fair, inexpensive and effective way
to resolve their disputes.
[0006] It is another object of the invention to provide an online
dispute resolution process that will make it easier for consumers
to resolve disputes caused by purchases made over the Internet.
[0007] It is another object of the invention to provide merchants
with the opportunity to enhance their in house customer service
programs by providing their customers with a seal and online
dispute resolution process in order to resolve disputes arising
from their business transactions.
[0008] It is another object of the invention to provide consumers
with the opportunity to resolve disputes that are not resolved
through a merchants in house customer service programs, by filing a
claim so that the dispute can be resolved in a fast, fair and
impartial manner by an independent third party.
[0009] It is another object of the invention to provide both
merchants and consumers a way to resolve cross boarder
(international) disputes created from business transactions using
an automated and simple to use online dispute resolution
process.
[0010] It is another object of the invention to provide a simple to
use and automated process so as to provide the parties involved,
with a superior online dispute resolution process, over other
alternative dispute resolution systems or processes.
[0011] It is another object of the invention to provide a process
that can be used by anyone with a computer and Internet connection,
24 hours a day, seven days a week, 365 days a year, to resolve
disputes of any kind.
[0012] It is another object of the invention to provide merchants
with an opportunity to display a seal on their website indicating
that should a dispute arise from a transaction, they will take part
in an online dispute resolution process in order to resolve the
dispute.
[0013] It is another object of the invention to provide consumers a
way to find out information about the merchant or file a claim
arising from a transaction in order to take part in an online
dispute resolution process to resolve the dispute.
[0014] It is another object of the invention to provide a website
where a consumer can file a claim against a merchant arising from a
dispute over a transaction, where the merchant will be contacted
and made aware of the claim and offered the opportunity to
participate in a dispute resolution process in order to resolve the
dispute with the consumer.
[0015] It is another object of the invention to provide an online
dispute resolution process that provides a way for the consumer and
merchant to take part, initially, in a two stage negotiation using
a combination of e-mail exchanges and website information leading
to a negotiated settlement of the dispute.
[0016] It is another object of the invention to provide a continued
online dispute resolution process, should the negotiation fail to
resolve the dispute, that includes a two stage mediation using a
combination of e-mail exchanges and website information leading to
a mediated settlement of the dispute.
[0017] It is another object of the invention to provide resolution
through an arbitrated decision.
[0018] It is another object of the invention to provide the same
online dispute resolution process for resolving disputes between
businesses and businesses or governments and either businesses or
consumers.
SUMMARY OF THE INVENTION
[0019] In accordance with the present invention, there is provided
a online seal and dispute resolution process using automated,
computer based, processes to resolve disputes between businesses
and consumers, businesses and businesses or governments and either
businesses or consumers.
[0020] In order to create a seal a merchant would visit the website
and select the merchant seal creation form, fill it out and then
submit it. The merchant information is reviewed by a staff member
for accuracy. If the information is valid then a seal is activated
for that merchant otherwise the seal is denied. If the merchant is
accepted an e-mail is sent to them with the code to be displayed on
their website which needs to be placed on their site by their
webmaster and the seal is then activated and valid.
[0021] When a consumer files a complaint via the website, an e-mail
is sent to and address that belongs to a merchant. If there is no
response from the merchant the complaint ends with an e-mail to the
consumer. If the merchant chooses to respond to the complaint he is
instructed to create a seal and the consumer is notified to go file
a case. If the merchant does not request a seal the complaint is
closed. If the consumer does not file a case the complaint is
closed.
[0022] A case begins when a consumer clicks on a File a complaint
button on a merchant's seal page. Consumer fills out the online
form and then emails are set to both parties. If the merchant logs
into their account and replies emails are sent to both parties.
Otherwise an e-mail reminder is sent to the merchant to remind them
after 24 hours. If the first mail is not responded to a second
e-mail is sent as a reminder. If no response after 48 hours the
case is closed and defaults to the consumer. If the merchant
responded and offered to settle a notation is made in the system
informing the consumer and the case continues. If the consumer logs
into their account and replies emails are sent to both parties.
Otherwise an e-mail reminder is sent to the consumer to remind them
after 24 hours. If the first mail is not responded to a second
e-mail is sent as a reminder. If no response after 48 hours the
case is closed and defaults to the merchant. If the consumer
responded and offered to settle a notation is made in the system
informing both parties. The case is settled otherwise the case
continues. If the merchant logs into their account and replies
emails are sent to both parties. Otherwise an e-mail reminder is
sent to the merchant to remind them after 24 hours. If the first
mail is not responded to a second e-mail is sent as a reminder. If
no response after 48 hours the case is closed and defaults to the
consumer. If the merchant responded and offered to settle a
notation is made in the system informing the consumer and the case
continues. If the consumer logs into their account and replies
emails are sent to both parties. Otherwise an e-mail reminder is
sent to the consumer to remind them after 24 hours. If the first
mail is not responded to a second e-mail is sent as a reminder. If
no response after 48 hours the case is closed and defaults to the
merchant. If the consumer responded and offered to settle a
notation is made in the system informing both parties. The case is
settled otherwise the case continues. If the merchant logs into
their account and replies emails are sent to both parties.
Otherwise an e-mail reminder is sent to the merchant to remind them
after 24 hours. If the first mail is not responded to a second
e-mail is sent as a reminder. If no response after 48 hours the
case is closed and defaults to the consumer. If the merchant
responded and offered to settle a notation is made in the system
informing the consumer and the case continues.
[0023] If case is not resolved by negotiation, it is manually
assigned to a mediator by the case administrator. An e-mail is sent
to the mediator automatically to alert them they have a new case.
The mediator logs into their account and recommends a solution and
an e-mail is sent to all parties. If the consumer logs into their
account and replies emails are sent to both parties. Otherwise an
e-mail reminder is sent to the consumer to remind them after 24
hours. If the first mail is not responded to a second e-mail is
sent as a reminder. If no response after 48 hours the case is
closed and defaults to the merchant. If the consumer responded and
offered to settle a notation is made in the system informing both
parties. The case is settled otherwise the case continues. If the
merchant logs into their account and replies emails are sent to
both parties. Otherwise an e-mail reminder is sent to the merchant
to remind them after 24 hours. If the first mail is not responded
to a second e-mail is sent as a reminder. If no response after 48
hours the case is closed and defaults to the consumer. If the
merchant responded and offered to settle a notation is made in the
system informing the consumer and the case continues.
[0024] The mediator logs into their account and recommends a
solution and an e-mail is sent to all parties. If the consumer logs
into their account and replies emails are sent to both parties.
Otherwise an e-mail reminder is sent to the consumer to remind them
after 24 hours. If the first mail is not responded to a second
e-mail is sent as a reminder. If no response after 48 hours the
case is closed and defaults to the merchant. If the consumer
responded and offered to settle a notation is made in the system
informing both parties. The case is settled otherwise the case
continues. If the merchant logs into their account and replies
emails are sent to both parties. Otherwise an e-mail reminder is
sent to the merchant to remind them after 24 hours. If the first
mail is not responded to a second e-mail is sent as a reminder. If
no response after 48 hours the case is closed and defaults to the
consumer. If the merchant responded and offered to settle a
notation is made in the system informing the consumer and the case
continues.
[0025] The mediator logs into their account and makes a final
arbitration and an e-mail is sent to all parties. The case is
resolved.
BRIEF DESCRIPTION OF THE DRAWINGS
[0026] A complete understanding of the present invention may be
obtained by reference to the accompanying drawings, when considered
in conjunction with the subsequent, detailed description, in
which:
[0027] FIG. 1 is a flow chart view of an inventive seal
process;
[0028] FIG. 2 is a flow chart view of a consumer complaint filing
process; and
[0029] FIG. 3 is a flow chart view of an automated online dispute
resolution process which includes 3a through 3d, when taken
together represent the entire process.
[0030] For purposes of clarity and brevity, like elements and
components will bear the same designations and numbering throughout
the FIGURES.
DESCRIPTION OF THE PREFERRED EMBODIMENT
[0031] FIG. 1 is a flow chart which illustrates the steps of the
seal or trustmark process of the invention. The process begins with
the creation of a merchant seal (Step 10) which is a graphic
representation of the seal. A form is provided for the merchant to
make an application for the merchant seal (Step 12). Once the
merchant submits an application online, the system reviews the
information provided by the merchant (Step 14) to determine if the
merchant is qualified to receive a merchant seal. If not the
merchant is denied a seal (Step 16). If the information is
successfully verified the seal is granted to the merchant (Step 18)
and an e-mail is sent to the merchant containing the seal code. The
seal code is placed on the merchants website by the merchant's
webmaster (Step 20) and the graphic representation of the seal is
activated on the merchants website (Step 22).
[0032] FIG. 2 is a flow chart which illustrates the steps of the
consumer complaint filing process of the invention. The process
begins when the consumer files a complaint on the system website
(Step 30). An e-mail is sent to the potential merchant seal holder
(Step 32) requesting a response to the complaint within two weeks.
If the merchant does not request a seal the case is ended with no
resolution and an e-mail is sent to the consumer (Step 34). If the
merchant requests a seal, the seal creation 11 information is
e-mailed to the merchant and the seal is issued (Step 36) and an
e-mail is sent to the consumer instructing them to go to the
merchants website and refile the complaint using the merchant seal.
If the merchant still does not responded to the request the case is
ended with no resolution and an e-mail is sent to the consumer
(Step 38). If the merchant then responds to the complaint, the
automated case process begins (Step 40).
[0033] FIG. 3a through 3d, taken together, is a flow chart which
illustrates the automated online dispute resolution process of the
invention. It begins when the consumer goes to the merchants
website and selects File A Complaint (Step 50). The consumer fills
out the complaint form and and e-mails acknowledging this event are
sent to both parties (Step 52). The merchant logs into their
account to respond to the complaint and e-mails acknowledging this
event are sent to both parties (Step 54). If the merchant does not
respond, a reminder notice is sent to the merchant to respond to
the complaint (Step 56). If the merchant still does not respond, a
2nd reminder notice is sent to the merchant to respond to the
complaint (Step 58). If there is no response from the merchant,
e-mails are sent to both parties indicating that the merchant did
not respond to the complaint, the case has ended and defaults in
favor of the consumer (Step 60). If the merchant makes an offer to
settle (Step 62) and the consumer agrees to the offer, the case is
resolved (Step 64) and e-mails acknowledging this event are sent to
both parties. If there is no offer to settle, the consumer logs
into their account to respond to the complaint and e-mails
acknowledging this event are sent to both parties (Step 66). If the
consumer does not respond, a reminder notice is sent to the
consumer to respond to the complaint (Step 68). If the consumer
still does not respond, a 2nd reminder notice is sent to the
consumer to respond to the complaint (Step 70). If there is no
response from the consumer, e-mails are sent to both parties
indicating that the consumer did not respond to the complaint, the
case has ended and defaults in favor of the merchant (Step 72). If
the consumer makes an offer to settle (Step 74) and the merchant
agrees to the offer, the case is resolved (Step 64) and e-mails
acknowledging this event are sent to both parties. If there is no
settlement the process continues with the merchant loging into
their account to respond to the complaint and e-mails acknowledging
this event are sent to both parties (Step 76). If the merchant does
not respond, a reminder notice is sent to the merchant to respond
to the complaint (Step 78). If the merchant still does not respond,
a 2nd reminder notice is sent to the merchant to respond to the
complaint (Step 80). If there is no response from the merchant,
e-mails are sent to both parties indicating that the merchant did
not respond to the complaint, the case has ended and defaults in
favor of the consumer (Step 82). If the merchant makes an offer to
settle (Step 84) and the consumer agrees to the offer, the case is
resolved (Step 86) and e-mails acknowledging this event are sent to
both parties. If there is no offer to settle, the consumer logs
into their account to respond to the complaint and e-mails
acknowledging this event are sent to both parties (Step 88). If the
consumer does not respond, a reminder notice is sent to the
consumer to respond to the complaint (Step 90). If the consumer
still does not respond, a 2nd reminder notice is sent to the
consumer to respond to the complaint (Step 92). If there is no
response from the consumer, e-mails are sent to both parties
indicating that the consumer did not respond to the complaint, the
case has ended and defaults in favor of the merchant (Step 94). If
the consumer makes an offer to settle (Step 96) and the merchant
agrees to the offer, the case is resolved (Step 86) and e-mails
acknowledging this event are sent to both parties. If there is
still no settlement, the merchant logs into their account to
respond to the complaint and e-mails acknowledging this event are
sent to both parties (Step 98). If the merchant does not respond, a
reminder notice is sent to the merchant to respond to the complaint
(Step 100). If the merchant still does not respond, a 2nd reminder
notice is sent to the merchant to respond to the complaint (Step
102). If there is no response from the merchant, e-mails are sent
to both parties indicating that the merchant did not respond to the
complaint, the case has ended and defaults in favor of the consumer
(Step 104). If the merchant makes an offer to settle (Step 106) and
the consumer agrees to the offer, the case is resolved (Step 86)
and e-mails acknowledging this event are sent to both parties. If
there is still no settlement the process continues with a mediator
being manually assigned to the case (Step 108). An e-mail is sent
notifying the mediator of assignment to the case (Step 110). The
mediator logs in to their account and makes a recommendation for a
resolution of the case and an e-mail is sent to both parties
acknowledging this event (Step 112). The consumer again logs into
their account to respond to the recommendation and e-mails
acknowledging this event are sent to both parties (Step 116). If
the consumer does not respond, a reminder notice is sent to the
consumer to respond to the complaint (Step 118). If the consumer
still does not respond, a 2nd reminder notice is sent to the
consumer to respond to the complaint (Step 120). If there is no
response from the consumer, e-mails are sent to both parties
indicating that the consumer did not respond to the complaint, the
case has ended and defaults in favor of the merchant (Step 122). If
the consumer makes an offer to settle (Step 124) and the merchant
agrees to the offer, the case is resolved (Step 114) and e-mails
acknowledging this event are sent to both parties. If there is
still no settlement, the merchant logs into their account to
respond to the complaint and e-mails acknowledging this event are
sent to both parties (Step 126). If the merchant does not respond,
a reminder notice is sent to the merchant to respond to the
complaint (Step 128). If the merchant still does not respond, a 2nd
reminder notice is sent to the merchant to respond to the complaint
(Step 130). If there is no response from the merchant, e-mails are
sent to both parties indicating that the merchant did not respond
to the complaint, the case has ended and defaults in favor of the
consumer (Step 132). If the merchant makes an offer to settle (Step
134) and the consumer agrees to the offer, the case is resolved
(Step 114) and e-mails acknowledging this event are sent to both
parties. If again there again is no resolution, the mediator logs
in to their account, reviews the case information and makes a
recommendation for a resolution of the case and an e-mail is sent
to both parties acknowledging this event (Step 136). The consumer
again logs into their account to respond to the recommendation and
e-mails acknowledging this event are sent to both parties (Step
138). If the consumer does not respond, a reminder notice is sent
to the consumer to respond to the complaint (Step 140). If the
consumer still does not respond, a 2nd reminder notice is sent to
the consumer to respond to the complaint (Step 142). If there is no
response from the consumer, e-mails are sent to both parties
indicating that the consumer did not respond to the complaint, the
case has ended and defaults in favor of the merchant (Step 144). If
the consumer makes an offer to settle (Step 124) and the merchant
agrees to the offer, the case is resolved (Step 148) and e-mails
acknowledging this event are sent to both parties. If there is
still no settlement, the merchant logs into their account to
respond to the complaint and e-mails acknowledging this event are
sent to both parties (Step 150). If the merchant does not respond,
a reminder notice is sent to the merchant to respond to the
complaint (Step 152). If the merchant still does not respond, a 2nd
reminder notice is sent to the merchant to respond to the complaint
(Step 154). If there is no response from the merchant, e-mails are
sent to both parties indicating that the merchant did not respond
to the complaint, the case has ended and defaults in favor of the
consumer (Step 156). If the merchant makes an offer to settle (Step
158) and the consumer agrees to the offer, the case is resolved
(Step 148) and e-mails acknowledging this event are sent to both
parties. If there is no resolution to the case at this time, the
mediator makes a final review of the case information and makes an
arbitrated decision for a resolution of the case and an e-mail is
sent to both parties acknowledging this event (Step 160). An e-mail
is sent which notifies the parties that the mediator has issued a
binding settlement to resolve the case and that the case is settled
in favor of the consumer with a Certificate of Award e-mailed to
the consumer (Step 162).
[0034] In the seal or trustmark process of the invention, the
merchant first goes to the website and selects the Merchant Seal
Creation 1 Form (Step 10).
[0035] Then the merchant fills out the online Merchant Application
Form 2 and submits it for review (Step 12).
[0036] The submitted Information Review 3 is taken by a staff
member and verified for accuracy then the seal is activated (Step
14).
[0037] If the information is substandard the the seal is denied
(Step 16).
[0038] If the information is good then the seal is granted and an
e-mail is sent to the merchant with the seal code (Step 18).
[0039] The merchant's webmaster applies the code to the merchant's
website (Step 20).
[0040] The seal is then activated on the merchant's website (Step
22).
[0041] In the consumer complaint filing process of the invention,
the consumer files a complaint via the website (Step 30).
[0042] An e-mail is sent to the potential merchant seal holder, at
the address that belongs to a merchant (Step 32).
[0043] If there is no response from the merchant the case ends with
no resolution and an e-mail is sent to the consumer (Step 34).
[0044] If the merchant chooses to respond to the complaint they are
instructed to create a seal and the consumer is notified to go file
a complaint (Step 36).
[0045] If the merchant does not request a seal then the none is
issued and the complaint is closed (Step 38).
[0046] When the merchant is issued a seal, it is activated and
automated case processing 14 can be initiated (Step 40).
[0047] The automated online dispute resolution process of the
invention, begins when a consumer clicks a File A Complaint button
on the merchant's website(Step 50).
[0048] The consumer fills out the online Case Creation Form 15 and
then e-mails are set to both parties (Step 52).
[0049] If the merchant logs into their account to respond to the
complaint, e-mails are sent to both parties (Step 54).
[0050] Otherwise an e-mail is sent to the merchant to remind them
to reply within 24 hours (Step 56).
[0051] If the first e-mail is not responded to, a 2nd e-mail is
sent to the merchant to remind them to reply within 24 hours (Step
58).
[0052] If there is no response from the merchant after 48 hours,
the case is closed and defaults to the consumer (Step 60).
[0053] If the merchant responds with an offer to settle, a notation
is made in the system informing the consumer of the offer (Step
62).
[0054] If the consumer agrees to the offer the case is resolved
(Step 64).
[0055] If not, the consumer logs into their account to respond and
e-mails are sent to both parties (Step 66).
[0056] Otherwise a reminder e-mail is sent to the consumer to
remind them to reply within 24 hours (Step 68).
[0057] If the first e-mail is not responded to, a 2nd e-mail is
sent to the consumer to remind them to reply within 24 hours (Step
70).
[0058] If there is no response from the consumer after 48 hours,
the case is closed and defaults to the merchant (Step 72).
[0059] If the consumer responds and agrees to settle, a notation is
made in the system informing both parties (Step 74).
[0060] The case is settled (Step 64), otherwise the case
continues.
[0061] If the merchant logs into their account to respond, e-mails
are sent to both parties (Step 76).
[0062] Otherwise an e-mail is sent to the merchant to remind them
to reply within 24 hours (Step 78).
[0063] If the first e-mail is not responded to, a 2nd e-mail is
sent to the merchant to remind them to reply within 24 hours(Step
80).
[0064] If there is no response from the merchant after 48 hours,
the case is closed and defaults to the consumer (Step 82).
[0065] If the merchant responds with an offer to settle, a notation
is made in the system informing the consumer of the offer (Step
84).
[0066] If the consumer agrees to the offer the case is resolved
(Step 86).
[0067] If not, the consumer logs into their account to respond and
e-mails are sent to both parties (Step 88).
[0068] Otherwise an e-mail is sent to the consumer to remind them
to reply within 24 hours (Step 90).
[0069] If the first e-mail is not responded to, a 2nd e-mail is
sent to the consumer to remind them to reply within 24 hours (Step
92).
[0070] If there is no response the consumer after 48 hours, the
case is closed and defaults to the merchant (Step 94).
[0071] If the consumer responds and agrees to settle, a notation is
made in the system informing both parties (Step 96).
[0072] The case is settled (Step 86), otherwise the case
continues.
[0073] If the merchant logs into their account to respond, e-mails
are sent to both parties (Step 98).
[0074] Otherwise an e-mail is sent to the merchant to remind them
to reply within 24 hours (Step 100).
[0075] If the first e-mail is not responded to, a 2nd Notice e-mail
is sent to the merchant to remind them to reply within 24 hours
(Step 102).
[0076] If there is no response from the merchant after 48 hours the
case is closed and defaults to the consumer (Step 104).
[0077] If the merchant responds with an offer to settle, a notation
is made in the system informing the consumer of the offer (Step
106).
[0078] The case is settled (Step 86), otherwise the case
continues.
[0079] If the case is not resolved, a mediator is manually assigned
to the case by the case administrator (Step 108).
[0080] An e-mail is sent to the mediator, automatically, to alert
them they have a new case (Step 110).
[0081] The mediator logs into their account and recommends a
solution and an e-mail is sent to all parties (Step 112).
[0082] If the consumer logs into their account to respond, e-mails
are sent to both parties (Step 116).
[0083] Otherwise an e-mail is sent to the consumer to remind them
to reply within 24 hours (Step 118).
[0084] If the first e-mail is not responded to, a 2nd e-mail is
sent to the consumer to remind them to reply within 24 hours (Step
120).
[0085] If there is no response from the consumer after 48 hours,
the case is closed and defaults to the merchant (Step 122).
[0086] If the consumer responds and agrees to settle, a notation is
made in the system informing both parties (Step 124).
[0087] The case is settled (Step 114), otherwise the case
continues.
[0088] If the merchant logs into their account to respond, e-mails
are sent to both parties (Step 126).
[0089] Otherwise an e-mail is sent to the merchant to remind them
to reply within 24 hours (Step 128).
[0090] If the first e-mail is not responded to, a 2nd e-mail is
sent to the merchant to remind them to reply within 24 hours (Step
130).
[0091] If there is no response from the merchant after 48 hours,
the case is closed and defaults to the consumer (Step 132).
[0092] If the merchant responds with an offer to settle, a notation
is made in the system informing the consumer of the offer (Step
134).
[0093] The case is settled (Step 114), otherwise the case
continues.
[0094] If the case is not resolved, the mediator logs into their
account and recommends a solution and an e-mail is sent to all
parties (Step 136).
[0095] If the consumer logs into their account to respond, e-mails
are sent to both parties (Step 138).
[0096] Otherwise an e-mail is sent to the consumer to remind them
to reply within 24 hours (Step 140).
[0097] If the first e-mail is not responded to, a 2nd e-mail is
sent to the consumer to remind them to reply within 24 hours (Step
142).
[0098] If there is no response from the consumer, after 48 hours,
the case is closed and defaults to the merchant (Step 144).
[0099] If the consumer responds with an offer to settle, a notation
is made in the system informing both parties (Step 146).
[0100] If the merchant agrees to the offer the case is settled
(Step 148), otherwise the case continues.
[0101] If the merchant logs into their account to respond, e-mails
are sent to both parties (Step 150).
[0102] Otherwise an e-mail is sent to the merchant to remind them
to reply within 24 hours (Step 152).
[0103] If the first e-mail is not responded to, a 2nd e-mail is
sent to the merchant to remind them to reply within 24 hours (Step
154).
[0104] If there is no response from the merchant after 48 hours the
case is closed and defaults to the consumer (Step 156).
[0105] If the merchant responds with an offer to settle, a notation
is made in the system informing both parties (Step 158).
[0106] If the consumer agrees to the offer the case is settled
(Step 148), otherwise the case continues.
[0107] If the case is not resolved there is a final mediator review
69 of the case and the mediator logs into their account and makes a
final arbitration and an e-mail is sent to all parties (Step
160).
[0108] If the case is resolved in favor of the consumer, a Final
Case Resolution 70 notification is e-mailed to the consumer (Step
162).
[0109] It is the purpose of the present invention to provide an
online seal and online dispute resolution (ODR) process using
automated, computer based, processes to resolve disputes between
consumers, merchants, businesses or governmental entities. These
processes provide an integrated negotiation, mediation and
arbitration dispute resolution solution, which is conducted online.
The processes include the merchant applying for and receiving a
distinctive, recognizable, seal to be displayed on the merchants
website and identifying the ODR services to be provided to the
consumer. The process further allows a consumer to file a complaint
against a merchant who does not have a seal. The process then
provides an online framework for the parties to exchange
information and proposed solutions for resolving their dispute and
if the parties are not able to resolve their dispute, a
mediators/arbitrator is appointed to assist in resolving the
dispute. The process further provides, that if, the parties are
still unable to settle the dispute, the mediator/arbitrator will
render a binding resolution to the dispute.
[0110] Since other modifications and changes varied to fit
particular operating requirements and environments will be apparent
to those skilled in the art, the invention is not considered
limited to the example chosen for the purposes of disclosure, and
covers all changes and modifications which do not constitute
departures from the true spirit and scope of this invention.
[0111] Having thus described the invention, what is desired to be
protected by Letters Patent is presented in the subsequently
appended claims.
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